17-7-9.12.2.5 Medium and high density residential development standards.
The following development standards apply to all new single family attached, single family detached, and multifamily development in the residential land use area, with the exception of single family detached residential lots (see Section 17-7-9.12.2.4).
A. Setbacks. New development shall comply with the following setbacks:
1. Front. The minimum front yard setback is eighteen feet if off-street parking is to occur in the driveway. Otherwise there shall be no front yard setback except as required by the planning commission through specific design review.
a. Exceptions. The following exceptions to front yard setbacks apply to all new development in the zone:
i. Driveway and Sidewalks. A driveway width of up to twenty feet and a sidewalk width of up to six feet may occupy the front yard.
2. Side. The minimum side yard setback shall be regulated by the building code. In situations where a multifamily development side yard abuts a single family residential, attached or detached development, the side yard setback shall be a minimum of fifteen feet.
3. Rear. The minimum rear yard setback shall be regulated by the building code. In situations where a multifamily development rear yard abuts a single family residential, attached or detached development, the rear yard setback shall be a minimum of fifteen feet.
4. Each unit shall have access to a common area of at least three hundred square feet in size for each unit adjacent to said space, or a private yard of at least three hundred square feet in size shall be provided at the rear of each structure.
B. Height. The maximum height for the zone is ten stories. If a structure is constructed on a lot within fifty feet of a single family detached residential development, the maximum height shall not be constructed in excess of one story higher than the nearest adjacent building.
C. Building Orientation and Scale. Residential and accessory structures shall be oriented and scaled as follows:
1. Dwellings shall be serviced by a local street, an access road or drive, or an alley and shall not gain access from a collector or arterial street. Dwellings that front a courtyard, paseo, or common open space/recreation area are encouraged.
2. Buildings shall be arranged and situated to relate to surrounding properties, to improve the view from and of buildings and to minimize road area.
3. Ground floor pedestrian entrances must be oriented toward adjacent streets, plazas, courtyards, sidewalks and trails.
4. Buildings shall be designed to minimize pedestrian and automobile conflict while providing pedestrians direct access to a sidewalk or trail.
5. Massing should be divided into rhythmic blocks to bring the design of the unit much closer to the human scale and to create a pedestrian-friendly atmosphere.
6. Long building rows without varying setbacks or building mass should be avoided to prevent wind tunneling and long-term shadow casting.
7. Building planes shall incorporate varying heights, textures, shapes or colors to mitigate the visual impact buildings have on the public realm.
8. Building design and orientation should consider exposure to sunlight to avoid energy inefficiencies.
9. The landscaped setback is the build-to line for buildings adjacent to a public right-of-way. At least fifty percent of the front elevation must be built within three feet of the build-to line.
D. Floor and Deck Height. The following floor and deck heights apply to all structures:
1. Main Floor. The main floor of all residential units shall be no less than two and one-half feet above finished exterior grade.
2. Basement Floor. The basement floor of all residential units shall be no closer than four feet to finished exterior grade.
E. Stories. All building types must be from one to ten stories.
F. Proximity. There shall be a minimum separation of twenty feet between all habitable structures. Building separation may be reduced as follows if building code requirements are met: ten feet between one-story structures; fourteen feet between two-story structures; and eighteen feet between three-story structures.
G. Fencing. Fencing in residential developments shall not exceed seven feet in height in the rear and side yards. Fencing in a front yard is prohibited. Fencing located in the sight distance triangle shall not exceed three feet in height. The fencing of private yards shall be accomplished in a manner that does not create areas of common space that are unusable, inaccessible, or hidden from other residents of the project. Barbed or razor wire is prohibited. Fencing up to eight feet in height may be allowed in the side(s) or rear yard provided one of the following requirements are met:
1. The side(s) or rear property is adjacent to a freeway system or arterial or collector roadway.
2. Buffering between commercial/industrial uses and residential uses or between single family and multifamily residential uses.
3. Demonstration of safety and/or security matters.
Fencing eight feet in height shall comply with the following conditions:
a. The proposed fence shall be reasonably compatible with respect to height from adjacent fences and shall transition consistently from one segment of fence to another.
b. The proposed fence shall be reasonably compatible with respect to materials from adjacent fences and shall propose materials and colors that are consistent and similar.
c. A building permit shall be obtained from the city and construction of fences and retaining walls must meet applicable requirements of the building codes.
H. Required Residential Open Space and Landscaping. All required landscaping shall be installed as a condition precedent to receiving a certificate of occupancy unless seasonal conditions make installation unfeasible, in which case the applicant shall provide cash security or its approved alternative for all landscaping, which landscaping shall be installed by the following May 31st.
1. Minimum Open Space. Active, improved open space is required to meet whichever of the two following standards requires the greatest amount of open space:
a. The applicant shall improve not less than twenty-five percent of the interior of the proposed development area as open space; or
b. The applicant shall improve as open space not less than twice as much of the site area as is utilized for surface parking, including the parking stalls, aisles and associated hardscape but not including required parking lot landscaping or private driveways. Surface parking includes any dedicated parking spaces and associated paved areas not located in the enclosed levels of a parking structure, underneath living spaces, in a structure attached to a single family attached or detached dwelling, in a detached garage on the same parcel as a single family attached or detached dwelling, or in a driveway for a single family attached or detached dwelling.
2. Maximum Open Space. Subsection (H)(1) of this section notwithstanding, no development shall be required to include more than forty percent open space.
3. Minimum Landscaped Area. The applicant shall landscape twenty percent of the interior of the proposed development area. The required open space may be landscaped to comply with this requirement. Landscaped areas shall not be less than five feet wide. Building foundation landscaping is not interior landscaping. The applicant must landscape a minimum of ten feet between the side yard and the abutting property line when the side or rear yards are in public view.
4. Minimum Improved, Common Recreational Amenities. A minimum of fifteen percent of the land area shall be developed as active, improved common area to include such uses as mini parks, picnic areas, playgrounds, recreation areas and structures such as club houses, pavilions, swimming pools, etc. Improved, common recreational amenities shall be concentrated into larger, more functional areas as much as possible while continuing to provide each dwelling unit with an amenity within reasonable walking distance.
5. Landscaped Setback from a Public Right-of-Way. The minimum landscaped setback from the back of curb on a public right-of-way shall be thirty feet. No parking access shall be allowed through the landscape setback and no parking shall be adjacent to the required landscape setback. When the residential structure is located adjacent to or on a street where retail, office, or mixed-use structures are the dominant use, the setback shall be the same as that required for the dominant use on that block. Open, front entry elements such as porches, stoops, or verandas may encroach up to thirteen feet into the landscape setback provided all other provisions within this section are in conformance.
6. Building Foundation Landscaping. The ground adjacent to the building foundation must be landscaped if it is visible from public vantage points. The landscaped area must be at least three feet in width.
7. Plant Materials. Areas requiring landscaping shall be planted with substantial live plant material including: plants, shrubs, trees, sod, etc., for the purpose of buffering, screening, and improving the visual quality of the site.
a. Minimum Number of Trees. A minimum of one tree for every four hundred square feet of landscaping is required for all landscaped areas. Street trees may be included in calculations in order to meet this requirement.
b. Types of Vegetation. At least twenty-five percent of trees and shrubs must be evergreen. Up to twenty-five percent of the landscape area can include specialty paving, street furniture, and outdoor seating areas. Trees that are planted in the park strip shall meet the specifications described in the street tree selection guide of Midvale City.
c. Size of Trees. The following standards apply to the use of plant and tree material:
i. Deciduous Trees. All deciduous trees shall have a minimum caliper size of two inches.
ii. Ornamental Trees. All ornamental trees shall have a minimum caliper size of one and one-half inches.
iii. Evergreen Trees. All evergreen trees shall have a minimum height of six feet.
8. Existing, Incompatible Use Buffer Area. Residential developments shall be developed such that existing uses that are incompatible with the reasonable enjoyment of residential users for reasons of noise, dust, vibration or other nuisance impacts shall be buffered from that nuisance by way of distance, screening or other mitigation techniques and/or conditions as approved by the planning commission. The mitigating techniques and/or conditions shall be conditions of approval for the residential project.
I. Characteristics of Housing Product.
1. Minimum Number of Models for Single Family Detached, Attached, or Other Multifamily Residential Unit Combinations That Appear to Be a Single Large House. Any development of fifty or more units in any of the above-listed configurations shall have at least three different types of housing models. Any development of fewer than fifty units of the above-listed configurations shall have at least two different types of housing models.
2. Minimum Model Characteristics for Single Family Detached, Attached, or Other Multifamily Residential Unit Combinations That Appear to Be a Single Large House. Each housing model shall have at least three characteristics, which clearly and obviously distinguish it from the other housing models, such as different floor plans, exterior materials and colors, roof shapes, garage placement, window size/proportion/pattern, placement of the footprint on the lot, and/or overall building facade design.
3. Street-Accessed Garages. Only a maximum of fifty percent of street-accessed garages shall have garage doors facing the street with the balance being alternative side or rear-loaded and/or detached rear yard garages, etc., except that all opposing block faces shall duplicate the opposite side of the street; only front driveway block faces will face each other, only alley-loaded block faces will face each other. Each such alternatively loaded garage plan will constitute a distinct model for the purposes here.
4. Single Family Attached (Townhouse). The development of contiguous townhouses is limited to fifty units (i.e., in any single location) and in groupings no larger than eight units each. Any additional development over fifty townhouses may be developed so long as one-third of the total approved units are located on uncontiguous lots, a minimum of one hundred fifty feet or three lots apart in all directions and in groupings no larger than eight units each. Any townhouse development larger than eight units shall provide at least two different unit models. Each unit model shall have at least three characteristics that clearly distinguish it from the other townhouse models.
J. Medium and High Density Residential Architectural Requirements.
1. Residential Architectural Standards. All new residential development must present an attractive streetscape, incorporate architectural and site design elements appropriate to a pedestrian scale, and provide for the safety and convenience of pedestrians. All new residential development shall comply with the general architectural standards for the Junction at Midvale zone and with each of the following architectural standards:
a. Materials. All single family detached, attached, or other multifamily residential units, including combinations that appear to be a single large house, shall include a substantial use of brick, cultured brick, natural or cultured stone, wood or synthetic wood products.
b. Base Materials. Each structure shall have a base or foundation with a minimum height of one-third the overall height of the structure. The base or foundation shall extend beyond the plane of the wall above it, creating a larger mass at the base of the building. The planning commission may allow for minor deviations to allow this base to terminate at visual breaks in the architecture, and the planning commission may approve alternative materials that are the qualitative equivalent of brick, cultured brick, natural or cultured stone.
c. Brick and Rock Pattern. Ledge stone, uncoursed ledge rock, random or coursed Ashlar Flemish bond, English bond, common bond, running bond or drystack patterns shall be used for finished brick, rock and stone work. Herringbone, basket weave, vertical stack, stack bond, uncoursed roughly squared, and other vertical, irregular, or diagonal masonry patterns or vertical, nonalternating bond courses may be used only as an accent. Other masonry patterns shall not be used on vertical surfaces except as expressly authorized by the planning commission.
d. Stucco. The use of stucco should be limited to architectural relief and shall not exceed twenty-five percent of a front elevation or fifty percent of any elevation. The planning commission may determine, on a case-by-case basis, that the architectural detail and excellence of a structure is such that the use of stucco in excess of this standard is warranted.
e. Prohibited Materials. Vinyl and aluminum siding products are prohibited as wall materials.
f. Color Scheme. The use of a single color scheme, minimal detailing, or blank (or largely blank) walls is not permitted. The use of exterior staircases is discouraged.
g. Building Massing. Buildings that are uniformly three stories or more must step the roof form or interrupt it with other roof elements. The building mass of the elevation can be reduced by off-setting dwelling units, and varying building setbacks and heights.
h. Openings. Not less than twenty-five percent of any front or rear building face shall be made up of window or door areas. Not less than fifteen percent of any side building face shall be made up of windows or door areas unless an adjacent building within twenty feet of that side face obscures the majority of that side face from public view.
i. Protruding Features. Bay windows and other architectural elements protruding from the facades may be clad in other materials.
j. Miscellaneous. Security devices shall have materials and colors that complement the building’s architecture and building materials. Accessory structures shall be architecturally compatible with the primary development. Satellite dishes should be placed on the roof of a building, should be wired for use during construction, and shall not be placed within the public view or on the first floor of any building.
2. Roof Form. Roof forms shall be designed in ways and/or used in combinations to break up large, continuous building forms, particularly for cluster and multiple dwelling structures. Where flat roofs are used, other techniques to provide scale and interest shall be used to refine large, continuous building forms. Long unbroken ridge or parapet lines are prohibited.
a. Generally, for structures lower than forty feet high, gable or hip roofs are preferred for the primary roof form. The primary gable roof slope shall not be less than five to twelve and not less than six to twelve for single family or duplex residences.
b. Secondary roof structures such as porch roofs, roofs over bay extensions, bay windows, etc., may include other roof forms such as shed roofs, and hip roofs in combination with gable roofs. However, the secondary roofs shall be consistent or complementary with the primary roof form. Secondary roofs that slope should not be less than four to twelve. Flat roofs may be also appropriate for small areas.
3. Front Entry Feature. All dwelling units or residential buildings shall have an exterior entry that is a prominent, architectural focal point directing people into the unit or building. This feature shall relate to the architecture of the structure and may include porches, stoops, roofs, etc.
4. Garages. Garage doors must be set back a minimum of twenty feet from the property line or sidewalk, whichever is greater, if off-street parking is to occur in the driveway. In all cases where garage doors face a street, the garage door shall be recessed a minimum of two feet behind the front line of the building living area (porches, bay windows, and similar projections not included). The style, materials, colors and roofs used in the construction of accessory structures, including garages and carports, shall be architecturally compatible with the primary structures.
K. City-Wide Utility Infrastructure. Each project and each structure within each project shall include infrastructure that facilitates connection to Questar Gas, Rocky Mountain Power, Comcast Cable, UTOPIA, and Qwest Communications. This requirement may be waived if any of the aforementioned utilities decline, in writing, the opportunity to install or utilize the necessary infrastructure. The director of community and economic development and authorized deputies may approve the waiver.
L. Internal Accessory Dwelling Units.
1. An IADU may only be constructed on a lot with one detached single family dwelling. The property owner must occupy one of the dwelling units on the property as their permanent residence for as long as the IADU remains on the property.
2. The IADU must conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. A building permit is required prior to engaging in any construction activity on an IADU.
3. Installing separate utility meters or separate addresses for an IADU is prohibited.
4. Any additions to an existing building must comply with the development standards within this chapter.
5. An IADU must provide off-street parking as described within this chapter.
6. An IADU may not be constructed within a mobile home or manufactured home.
7. An IADU may not be constructed on a lot with a total square footage of six thousand or less.
8. Prior to issuance of a certificate of occupancy for an IADU, the property owner must record a notice against the property’s title that includes:
a. A description of the primary dwelling;
b. A statement that the property contains an IADU; and
c. A statement that the IADU may only be used in accordance with this title.
9. An IADU may not be rented or leased for a period of less than thirty consecutive days.
10. Only one IADU is permitted on each property. (Ord. 2021-19 § 1 (Att. A); Ord. 2016-15 § 15 (Att. A (part)); Ord. 2011-14 § 1 (Att. A); Ord. 8/7/2007O-10 § 1 (Exh. A (part)))